deedee1310 v Capital One **WON**

[steven4064]

Welcome back - I thought you had gome quiet

 

I think it is a good idea to appoach Cap1 and tell them about the court date and ask them if they would like to settle.

[kennythecelt]

Nice to see you back Dee

 

Follow Stevens advice and good luck.

 

Hope all well with you.

 

Kenny

[deedee1310]

Nice to see you back Dee

 

Follow Stevens advice and good luck.

 

Hope all well with you.

 

Kenny

 

Hi Kenny.

 

I've been lurking and helping where I can but not as much as I used to. This is due to work taking up all my time and the fact that I am trying to get a new business up and running too!

 

I just wondered if anyone had an email address for a Rachel Howey? She was the one who wrote to me on the C**p Ones behalf. She spelt my name wrong and quoted the wrong case number. How confident am I of her skills - hmmmm now let's see

 

Due to an issue with my post I only received her letter at the weekend despite it being dated 3/10/08 - yiiikes. I am going to send a fax this evening which they should hopefully receive tomorrow morning. I'll keep on at them until Friday.

 

Wish me luck!

Edited October 15, 2008 by deedee1310

[deedee1310]

BUMP!!!

 

I have tried to contact Capital One Legal department but to no avail. I spoke with someone on Customer Services who stated that the Legal Department does not have internal telephone numbers for them to transfer me through to??!!! As per my last post, does anyone have any contact details for the Legal Department, namely Rachel Howey?

 

They also stated that they can give my details to the department for a call back but it could take between 2-5 working days for a response??!!! I advised that we are due in court this Friday 17 October 2008 at 2.30pm and that I would inform the court that I had tried to reach a settlement and was unable to get through to anyone.

 

I have claimed contractual interest based on mutuality and reciprocity. However since my claim is over 12 months old, should I be using the arguement of "restitution" as per the Sempra Metals case and if so, does anyone have any idea as to how I need to structure my arguement and the key facts from that case I need to quote in order to do so?

 

I am hopping mad at their obtuseness but not sure what else to do.

 

Your help as always is deeply appreciated.

 

Dee.

[deedee1310]

BUMP!!!

 

The problems I am having with my post are driving me nuts. I received a letter from Rachel Howey today, that asked me to contact her on her direct line (if anyone wants it you can PM me). I explained to her that I had only received her 2nd letter this morning and had already written to her yesterday in response to her first letter.

 

To cut a long story short, Cap one will not settle with me ahead of tomorrow. This is because I am asking for the removal the late markers that they placed on my file. She disputed the fact that Bryan Carter had a CCJ entry on my file as she said she had checked all three credit bureaus and could not find it. I told her that it definitely was on there and that I would obtain a copy of my current credit file and email the entry over to her. It was definitely on my Experian file, so I sent this over to her.

 

She stated that the £440.11 that they had deducted from my original award of £1430.05 was deducted because I hadn't paid it???!!!! I have a letter from cap one that states that the money deducted was towards the balance that was owed on the account. I informed her that I had paid Bryan Carter and had satisfied the judgement debt so as far as I am concerned they had no right to do this.

 

She didn't seem to have any of the information that I was giving her at all. It is a preliminary hearing but I'm not sure what to expect. I have letters from Bryan Carter, one that states that the judgement debt was satisfied and also receipts of the payment.

 

I'm tired, angry and overwrought so I may be rambling. Any help as always is appreciated.

 

deedee

[deedee1310]

BUMP!!!!

 

Hello All.

 

I seem to be on my own at the moment but I will update you all as to my case. I had a Preliminary Hearing last week which did not go well.

 

Firstly I was late - I had left my office 40 minutes before the hearing. The journey should have only taken 11 minutes but I hadn't counted on the CEntral London traffic. I walked in just as the judge was about to strike out my claim.

 

To cut a very long story short, the judge was very patronising to say the least. He seemed to think that I should be happy with what had been offered by Capital One. I pointed out the "missing" 440.11 of my award, the CCJ and the adverse markers. He stated that he had no authority to rule on those and that the markers were supposed to stay as a matter of record?!!! Cap One's barrister stated that "her client cannot remove the markers as it would jeapordise their clients credit licence and that their client had been generous and awarded me over and above what was fair."

 

The judge "lectured" me about late payments and gave a little story on how he had had to lodge a large sum of money with his credit card company due to his going away on holiday (lucky him), and that when he realised that the cheque would not clear on time, he called his credit card company up. He told me that they were very positive and he advised that I should have done the same!! I tried to tell him about, being on a low, erratic income at the time, being a student at the time etc but he was hearing none of it. He warned me that if I proceeded and I lost that I would be liable for costs.

 

Cap One's Barrister did not have any of the information that I showed the judge on the day namely the settlement letter which showed the £1400 odd pounds that was awarded but then mysteriously went down to £989 due to a balance owing. I contested the fact that I could not owe them any money as I had paid the judgement debt applied for by Bryan Carter and that I had a letter from them stating that this was the case. The judge gave standard directions and gave us both until 14 Nov to provide him with our court bundles.

 

After the hearing I did meet with the barrister to see if she could still get her client to settle. I showed her the letters and queried the outstanding balance. She also warned me that I wasn't likely going to get all that I have asked for and that I should get legal advise. I advised her that I had.

 

Almost a week on, I'm still fuming. I have a partisan judge to deal with now and a patronising defendant to add to the mix. Is it too late to get the case transferred back to my local court?

 

Any advise as always is appreciated.

 

deedee

[steven4064]

Why is it not at your local court?

[deedee1310]

Hi Steven,

 

It was transferred there quite a few months ago. I remember when I was filing this and my three other claims that the clerk stated that the local court was very busy and that they were transferring claims. I didn't see a problem with this but am not so sure now. The judge is partisan and clearly doesn't understand my claim, or I feel, agrees with Cap One.

 

Is it too late to request a transfer back to my local court?

 

deedee

[steven4064]

I'm afraid I don't know. You could always just ring them and ask, I find the staff in my local court quite helpful

[deedee1310]

BUMP!!!

 

OK I really need some help. I literally have one day left to prepare my court bundle. In the basic court bundle pack, I can't see anything that relates to default removal, CCJ removal or contractual interest.

 

My case has been allocated to the small claims track but I have to pay a fee of £300 (ouch) due to the value of the claim. It looks like the craps one are ready to take this all the way and they have a judge who feels that I should be grateful for what has already been offered.

 

Can anyone also advise as to whether or not it is too late to get the case transferred to another court?

 

Thanking you all in advance.

 

deedee

[steven4064]

Did you ask the court about moving the case? What did they say?

[deedee1310]

Hello Steven.

 

Never got round to calling court. have had so much going and I'm going to have to put in a late night tonight getting the bundles done. I can't find anything with regards to the marker removal and I'm going to have to stump up £300 for the case.

 

I'm going to push for settlement out of court and will probably ask that they settle in full, leave the markers and tackle the ccj another way. I'm drained and tired and just want it over with.

 

deedee

[deedee1310]

Ok everyone. I have had an 11th hour reprieve!!!

 

I've come home and seen a letter from Capital One. I'm currently having problems with my post so the letter is one week late. I'm taking Capital One's repayment offer of default fees, interest charged, statutory interest, court fee and removal of late markers.

 

The CCJ will need to be tackled with Bryan Carter. So in a word I won! I'm calling the court tomorrow and will discontinue upon clearance of the cheque.

 

Thanks to all for their support, Steven, UK and everyone.

 

deedee

 

[steven4064]

Well done deedee for sticking in their. CONGRATULATIONS.

 

I'll change your thread title to WON once you have the money in your hand.

[deedee1310]

Thanks Steven. There a few issues to iron out today so I will be calling Rachel Howie when I get to work but my main reason for sticking to my guns was the late markers.

 

As soon as the money clears, a donation will be on its way to CAG. At last - one of my four cases is concluded.

 

I've Citi Cards and Capquest to tackle next - oh what fun

 

deedee

[deedee1310]

Please can a Site Helper or Mod change my thread to won. I've had email confirmation of my settlement.

 

I'm informing the court that we have settled and will discontinue once the cheque has cleared.

 

Thanks to all once again.

 

deedee

[ICY]

Well done DeeDee Are you still around (Ihavent been for a while) I have had cap one pay all money and remove default, just need to fight to get late payment markers removed.